Austin, TX asked in Real Estate Law for Texas

Q: Abstract co didn’t get my signature when I put Farm land into llc name 10 yrs ago. What are my options to new buyers?

New buyers want me to correct the deed and get notarized. Is there any monetary value in providing them this information.

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: You are not clearly stating what the title problem is, but it appears your llc transfer was faulty which happens alot. To convey out, you must cure the cloud on the title, which apparently only needs a correction deed here. If you do not wish to cure the title defect in order to convey merchantable title, the purchasers are not required to pay you under almost any contract of sale. You are usually required to cure the title, and do not get paid to do so unless the purchaser agrees to do so.

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